Strip back the Equality Act to protect genuinely disadvantaged, says IEA Report 

Britain’s approach to tackling discrimination needs fundamental reform, according to a discussion paper published by the Institute of Economic Affairs (IEA) looking at the Equality Act.

In Liberalising Discrimination Law, Daniel Freeman and Alex Morton argued that the UK’s anti-discrimination measures should focus solely on outlawing direct discrimination rather than attempting to equalise outcomes between different groups.

They called for stripping back the 2010 Equality Act by removing the concept of ‘indirect discrimination’, stopping the use of positive action in employment and promotion, and repealing the Public Sector Equality Duty, which requires public bodies to advance equality of opportunity.

Freeman and Morton argued that the current approach shifts focus from individuals to group identities, creating a two-tier society where people are treated differently based on characteristics such as sex, race, or ethnicity.

They claimed that efforts to equalise group outcomes overlooked individuals facing genuine disadvantage, such as those from low-income backgrounds, while benefiting others purely based on identity.

The report traced the UK’s approach to anti-discrimination law over the past 70 years, moving from non-intervention to outlawing direct discrimination, addressing systemic inequalities, and ultimately adopting policies aimed at equalising outcomes.

The authors criticised elements of the Equality Act that allow claims of indirect discrimination and promote positive action in hiring and promotion, arguing these policies prioritise group outcomes over fairness for individuals.

They claimed this has led to unintended consequences, moving the focus away from individual rights and fairness.